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PORT BELLARINE TOURIST RESORT (REPEAL) BILL 2012

 Port Bellarine Tourist Resort (Repeal)
                Bill 2012

                        Introduction Print


              EXPLANATORY MEMORANDUM


                              Clause Notes
Clause 1   sets out the purpose of the Bill, which is to repeal the Port
           Bellarine Tourist Resort Act 1981, to terminate the agreement
           ratified by that Act between Grawin Pty. Limited and the State
           of Victoria for the development of a tourist resort on certain lands
           near Portarlington, and to terminate a Crown lease granted under
           that Act to Grawin Pty. Limited.

Clause 2   provides for the provisions of the Bill to come into operation on
           the day after the day on which the Act receives the Royal Assent.

Clause 3   defines key terms and provides for words and expressions used in
           the Port Bellarine Tourist Resort Act 1981 to have the same
           meanings in this Act as they have in that Act.

Clause 4   repeals the Port Bellarine Tourist Resort Act 1981 in its
           entirety--
                    Sections 4 and 4A of the Port Bellarine Tourist
                    Resort Act 1981 are repealed because they relate to the
                    Agreement forming the first Schedule, which is
                    terminated by clause 5 of the Bill.
                    Section 5 of the Port Bellarine Tourist Resort Act
                    1981 is repealed because it relates to works
                    contemplated under the Agreement which is terminated
                    by clause 5 of the Bill.




571208                                1      BILL LA INTRODUCTION 13/3/2012

 


 

Section 6(1) of the Port Bellarine Tourist Resort Act 1981 is repealed to return land in the Reclamation Area to its status had the Port Bellarine Tourist Resort Act 1981 never been enacted, as no lands in the Reclamation Area have ever been reclaimed. Section 6(3) of the Port Bellarine Tourist Resort Act 1981 is repealed as it refers to a repealed Act. Sections 7 to 12, and 14 to 22, of the Port Bellarine Tourist Resort Act 1981 are repealed because they relate to the Port Bellarine Committee of Management: its establishment, functions, powers, duties, membership, meetings and payments to be made by it to the Shire of Bellarine. These sections are repealed because clause 8 of the Bill abolishes the Committee of Management. Section 13 of the Port Bellarine Tourist Resort Act 1981 is repealed as it relates to development contemplated by the Agreement which is terminated by clause 5 of the Bill. Clause 5 terminates the Agreement set out in the First Schedule to the Port Bellarine Tourist Resort Act 1981 and extinguishes all rights and liabilities of the State and Grawin Pty. Limited arising out of or in connection with the Agreement. Clause 6 terminates the lease over coastal Crown land granted in June 1985 by the Port Bellarine Committee of Management for 50 years under section 16 of the Port Bellarine Tourist Resort Act 1981. The clause extinguishes all rights and liabilities of the State and Grawin Pty. Limited arising out of or in connection with that lease. Clause 7 revokes any permanent reservations or deemed permanent reservations of land in the Tourist Resort Area made pursuant to section 13 of the Port Bellarine Tourist Resort Act 1981 for the purposes of providing public recreation and facilities and services for tourists. This is in order to return the land in the Tourist Resort Area to its status had the Port Bellarine Tourist Resort Act 1981 never been enacted. Clause 8 causes the Committee of Management to cease to exist as a legal entity. It currently has no members appointed to it. 2

 


 

Clause 9 provides for the transfer of money in the Port Bellarine Public Reserve Management Fund (which currently totals less than $1600) into the Consolidated Fund. Clause 10 provides that no amount is payable by the Crown (as compensation, damages or otherwise) to any person (including Grawin Pty. Limited) for any loss or damage arising out of, or in connection with, the enactment of the Act. Without limiting that provision, the Crown is not liable to any person (including Grawin Pty. Limited) for any claim arising out of or in connection with the termination of the Agreement (see clause 5) or the termination of the lease (see clause 6). 3

 


 

 


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